return of belongings (by EI [HI]) Nov 20, 2022 10:55 PM|
return of belongings (by Moshe [CA]) Nov 21, 2022 12:08 AM
return of belongings (by Chris [VA]) Nov 21, 2022 4:32 AM
return of belongings (by MC [PA]) Nov 21, 2022 5:11 AM
return of belongings (by Scott [IN]) Nov 21, 2022 9:42 AM
return of belongings (by Scott [IN]) Nov 21, 2022 9:55 AM
return of belongings (by Vee [OH]) Nov 21, 2022 10:31 AM
return of belongings (by Ray-N-Pa [PA]) Nov 22, 2022 9:01 AM
return of belongings (by mike [CA]) Nov 29, 2022 6:16 PM
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return of belongings (by EI [HI]) Posted on: Nov 20, 2022 10:55 PM
State Specific Question About: HAWAII (HI)
Have a court evicted tenant. Lease expired at the end of August. Went to court, ordered eviction at the end of OctoberTenant stayed 7 days in November because he said he couldn't find a place. He only started moving his thing out after I told him he had 14days to remove his items by the 28th. Tenant now wants two days and the end of the 14 days. Question does he have the right to pick the dates. I have given him available dates except for 4 days / I work 48 hour shifts. If so can require him give specific dates and times he can retrieve his things and garbage.
I have a court date on the 28th for damages
return of belongings (by Moshe [CA]) Posted on: Nov 21, 2022 12:08 AM
What does your court order say?
return of belongings (by Chris [VA]) Posted on: Nov 21, 2022 4:32 AM
State laws are different in each state.
We've only had one eviction - back in 2008. Once the court awarded us the judgment for possession, I remember going directly to the clerk's office to sign and pay for a "writ of possession" which gave the tenant a certain number of days (either 5 or 10 days back then?) to move out or the sheriff's deputy would be there to physically remove the tenant.
The current law in Virginia gives the tenant 10 days once the writ of possession is provided to the tenant. (The writ of possession in Virginia would best be obtained immediately after the eviction hearing before leaving the courthouse, but it must be requested within 180 days. If not requested within 180 days, the landlord must start the eviction process all over again.)
State laws are very specific regarding the details of how to provide the writ of eviction to the tenant and about how to deal with possessions left behind by the tenant, etc. You would work with local law enforcement to set a time to meet at the property for physical eviction if the delinquent tenant does not move out voluntarily.
If you wanted to speed things up, you could offer "cash for keys" and search for information about that on this landlord forum.
Or you could probably bluff and say that you are going back to court on the 28th and that he needs to be completely out before then since he wouldn't want law enforcement to come and remove him (you wouldn't actually be giving a specific date that law enforcement would remove him, since you probably couldn't get that set up to occur before your court date on the 28th).
Sometimes it could be more profitable to use the "cash for keys" approach if it helps to get the property back sooner so it could be re-rented sooner.
Study your state laws to get familiar with the legal requirements. --71.246.xxx.xxx
return of belongings (by MC [PA]) Posted on: Nov 21, 2022 5:11 AM
If possible, sue for any unpaid rent. Any day into the next day counts as a month. You may never see it but it will be on the judgement. What exactly is the move out date? In my state, if not gone I can employ the Sheriff's Dept. Have the licks been changed by court order? If yes, then I would dictate when removal can be done. If they still have possession, then they can. Once again, every day they are there into a month, I would go for as well as any and all damages, including light bulbs. Be reasonable though and be able to back it up.
return of belongings (by Scott [IN]) Posted on: Nov 21, 2022 9:42 AM
Around here, if you have been given a possession date by a judge, tenant does not have the right to pick the date to leave, unless you grant that right to the tenant. Apparently, you have done so. --107.141.xx.xxx
return of belongings (by Scott [IN]) Posted on: Nov 21, 2022 9:55 AM
And after tenant vacates, they still have certain rights to reclaim possessions left behind. You can dictate dates and times convenient to you that tenant may return to recover possessions. --107.141.xx.xxx
return of belongings (by Vee [OH]) Posted on: Nov 21, 2022 10:31 AM
The best thing is to follow the tenant rules for your court jurisdiction, sometimes things change since when you opened for business - now would be the best time to review and update your rules. --76.190.xxx.xxx
return of belongings (by Ray-N-Pa [PA]) Posted on: Nov 22, 2022 9:01 AM
Honestly - is there REALLY anything they have that you would want? In most cases the answer is NO. Their items are a liability for you.
So being firm and fair, try to accommodate them picking up their crap. If they blow you off the first time, let them know you can reschedule a one hour session for $50 an hour. The sooner you are able to get rid of this junk - the sooner you can get on the path of making money --24.101.xxx.xxx
return of belongings (by mike [CA]) Posted on: Nov 29, 2022 6:16 PM
i'm confused...was there a lockout? in calif we have the tenants forcibly escorted to the curb if they are still in the home when the sheriff arrives. the property is then secured with new locks and posted to advise against re-entry and their "stuff" preserved for them to collect at a later date. on the date you had been granted possession you should have insisted the cops remove them under the writ for possession. if you let him stay you MIGHT have granted a NEW tenancy. if you are simply awaiting the sheriff, DO NOT SAY OR DO ANYTHING THAT LOOKS LIKE YOU ARE LETTING THIS GO ON WILLINGLY. as far as their stuff, if it's valueless you can take pics and toss it. if not you have storage obligations and can charge for that as well as the costs to publish the sale of it. in all my years i have NEVER had a tenant leave anything of value. scuzzy mattresses, broken dressers missing drawers, leftover food. i did have one bunch leave a bunch of recyclables which i gave to a shopping cart type. he told me the haul added to $450. i told him i was glad to have him help me move it --75.80.xx.xx
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